Corporate Power and Authority; No Conflicts. The execution, delivery and performance by the Borrower of the Facility Documents to which it is a party have been duly authorized by all necessary corporate action and do not and will not: (a) require any consent or approval of its stockholders; (b) contravene its charter or by-laws; (c) to the extent material to the Borrower's financial condition, business, operations or properties, violate any provision of, or require any filing, registration, consent or approval under, any law, rule, regulation, order, writ, judgment, injunction, decree, determination or award presently in effect having applicability to the Borrower or any of its Subsidiaries or Affiliates; (d) to the extent material to the Borrower's financial condition, business, operations or properties, result in a breach of or constitute a default or require any consent under any indenture or loan or credit agreement or any other agreement, lease or instrument to which the Borrower is a party or by which it or its properties may be bound or affected; (e) result in, or require, the creation or imposition of any Lien, upon or with respect to any of the properties now owned or hereafter acquired by the Borrower and its Subsidiaries; or
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Corporate Power and Authority; No Conflicts. The execution, delivery and performance by Funding Recipient of this Agreement and the Borrower of the Facility Documents to which it is a party Declaration have been duly authorized by all necessary corporate action and do not and will not: (a) require any consent or approval of its stockholdersmembers; (b) contravene its charter or by-laws; (c) to the extent material to the Borrower's financial condition, business, operations or properties, violate any provision of, or require any filing, registration, consent or approval under, any law, rule, regulation, order, writ, judgment, injunction, decree, determination or award presently in effect having applicability to the Borrower or any of its Subsidiaries or Affiliates; Funding Recipient, (d) to the extent material to the Borrower's financial condition, business, operations or properties, result in a breach of of, or constitute a default or require any consent under any indenture or loan or credit agreement or any other agreement, lease or instrument to which the Borrower Funding Recipient is a party or by which it or its properties may be bound or affected; (e) result in, or require, the creation or imposition of any Lien, upon or with respect to any of the properties now owned or hereafter acquired by the Borrower and its SubsidiariesFunding Recipient; oror (f) cause Funding Recipient to be in default under any law, rule, regulation, order, writ, judgment, injunction, decree, determination or award or any such indenture, agreement, lease or instrument.
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Samples: Funding Agreement
Corporate Power and Authority; No Conflicts. The execution, delivery and performance by the Borrower each Obligor of the Facility Documents to which it is a party have this Amendment has been duly authorized by all necessary corporate action and do not and will not: (a) in the case of each Corporate Obligor require any consent or approval of its stockholdersstockholders and in the case of FiberMark Office require any consent or approval of its members-managers, which consent or approval has not already been obtained; (b) in the case of each Corporate Obligor contravene its charter certificate of incorporation or by-lawslaws and in the case of FiberMark Office contravene its Articles of Organization or Operating Agreement; (c) to the extent material to the Borrower's financial condition, business, operations or properties, violate any provision of, or require any filing, registration, consent or approval underunder any Law (including, any lawwithout limitation, rule, regulationRegulation U), order, writ, judgment, injunction, decree, determination or award presently in effect having applicability to the Borrower or any of its Subsidiaries or Affiliatessuch Obligor; (d) to the extent material to the Borrower's financial condition, business, operations or properties, result in a breach of or constitute a default under or require any consent under any indenture or loan or credit agreement or any other agreement, lease or instrument to which the Borrower such Obligor is a party or by which it or its properties may be bound or affected; (e) result in, or require, the creation or imposition of any LienLien (other than as created hereunder), upon or with respect to any of the properties now owned or hereafter acquired by the Borrower and its Subsidiaries; orsuch Person.
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Samples: Financing Agreement (Fibermark Inc)
Corporate Power and Authority; No Conflicts. The execution, delivery and performance by the Borrower Tenant of the Facility Documents to which it is a party this Lease have been duly authorized by all necessary corporate action and do not and will not: (a) require any consent or approval of its stockholders; (b) contravene its charter or by-laws; (cb) to the extent material to the Borrower's financial condition, business, operations or propertiesTenant’s knowledge, violate any provision of, or require any filing, registration, consent or approval under, any law, rule, regulation, order, writ, judgment, injunction, decree, determination or award presently in effect having applicability to the Borrower or any of its Subsidiaries or AffiliatesTenant; (dc) to the extent material to the Borrower's financial condition, business, operations or propertiesTenant’s knowledge, result in a breach of of, or constitute a default or require any consent under any indenture or loan or credit agreement or any other agreement, lease or instrument to which the Borrower Tenant is a party or by which it or its properties may be bound or affected; (ed) to Tenant’s knowledge, result in, or require, the creation or imposition of any Lien, upon or with respect to any of the properties now owned or hereafter acquired by Tenant; or (e) to the Borrower and its Subsidiaries; orbest of Xxxxxx’s knowledge after due inquiry, cause Tenant to be in default under any law, rule, regulation, order, writ, judgment, injunction, decree, determination or award or any such indenture, agreement, lease or instrument.
Appears in 1 contract
Samples: Lease Agreement
Corporate Power and Authority; No Conflicts. The execution, delivery and performance by the Borrower of the Facility Loan Documents to which it is a party have been duly authorized by all necessary corporate action and do not and will not: (a) require any consent or approval of its stockholdersstockholders or Board of Directors; (b) contravene its charter or by-laws; (c) to the extent material to the Borrower's financial condition, business, operations or properties, violate any provision of, or require any filing, registration, consent or approval under, any law, rule, regulation, order, order writ, judgment, injunction, decree, determination or award presently in effect having applicability to the Borrower or any of its Subsidiaries or Affiliates; (d) to the extent material to the Borrower's financial condition, business, operations or properties, result in a breach of of, or constitute a default or require any consent under any indenture or loan or credit agreement or any other agreement, lease or instrument to which the Borrower is a party or by which it or its properties may be bound or affected; (e) result in, or require, the creation or imposition of any Lien, upon or with respect to any of the properties now owned by Borrower; or hereafter acquired by the (f) cause Borrower and its Subsidiaries; or(or any Affiliate) to be in default under any law, rule, regulation, order writ, judgment, injunction, decree, determination or award or any such indenture, agreement, lease or instrument.
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Corporate Power and Authority; No Conflicts. The execution, delivery and performance by the Borrower of the Facility Documents to which it is a party have been duly authorized by all necessary corporate action and do not and will not: (a) require any consent or approval of its stockholders; (b) contravene its charter or by-laws; (c) to the extent material to the Borrower's financial condition, business, operations or properties, violate any provision of, or require any filing, registration, consent or approval under, any law, rule, regulationregulation (including, without limitation, Regulation U), order, writ, judgment, injunction, decree, determination or award presently in effect having applicability to the Borrower or any of its Subsidiaries or AffiliatesBorrower; (d) to the extent material to the Borrower's financial condition, business, operations or properties, result in a breach of or constitute a default or require any consent under any indenture or loan or credit agreement or any other agreement, lease or instrument to which the Borrower is a party or by which it or its properties may be bound or affected; (e) result in, or require, the creation or imposition of any Lien, Lien upon or with respect to any of the properties now owned or hereafter acquired by the Borrower and its SubsidiariesBorrower; oror (
Appears in 1 contract
Samples: Credit Agreement (Performance Technologies Inc \De\)
Corporate Power and Authority; No Conflicts. The execution, delivery and performance by the Borrower of the Facility Documents to which it is a party have been duly authorized by all necessary corporate action and do not and will not: (a) require any consent or approval of its stockholders; (b) contravene its charter or by-laws; (c) to the extent material to the Borrower's financial condition, business, operations or properties, violate any provision of, or require any filing, registration, consent or approval under, any law, rule, regulationregulation (including, without limitation, Regulation U), order, writ, judgment, injunction, decree, determination or award presently in effect having applicability to the Borrower or any of its Subsidiaries or Affiliates; (d) to the extent material to the Borrower's financial condition, business, operations or properties, result in a breach of or constitute a default or require any consent under any indenture or loan or credit agreement or any other agreement, lease or instrument to which the Borrower is a party or by which it or its properties may be bound or affected; (e) result in, or require, the creation or imposition of any Lien, upon or with respect to any of the properties now owned or hereafter acquired by the Borrower and its SubsidiariesBorrower, except for the Lien granted pursuant to the Security Agreement; oror (f) cause the Borrower
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